Results 101 to 110 of about 803,429 (296)

Constitutional Courts in the Context of Constitutional Regression : Some Comparative Remarks

open access: yes, 2020
Limitations on the independence of constitutional courts are among the main pointers of constitutional regression. Taking a cue from the best-known cases in Europe and Latin America (Hungary, Poland, Russia, Turkey and Venezuela) the paper considers how ...
di gregorio angela
core   +1 more source

The Evolution of Constitutional Courts in East and Southeast Asia

open access: yes, 2017
This paper provides a historical review of the rise and development of constitutional courts in East and Southeast Asia, including those in Taiwan, South Korea, Mongolia, Thailand, and Indonesia (listed here according to the chronological order of their ...
Chen, AHY
core  

Integration Through Rights: Towards an Associational Paradigm

open access: yesThe Modern Law Review, EarlyView.
Integration policies in the EU and the UK have over the past two decades increasingly emphasised duties and constraints for migrants. This article challenges the duty‐based model and proposes an alternative legal conception: ‘integration through rights’, with associational rights taking a central role.
Sarah Ganty, Clíodhna Murphy
wiley   +1 more source

The Objectives Resolution: An Unfulfilled Objective?: An Analysis of Its Constitutional and Judicial Impact in Pakistan Since 1949

open access: yesPolicy Perspectives
The Objectives Resolution, passed in March 1949 by Liaquat Ali Khan, has served as the symbolic core of Pakistan's constitutional journey. Mired by controversy, some argue was undeserved, it has transformed into a provision of substantive constitutional ...
Syed Muaz Shah
doaj   +1 more source

Precedents in Constitutional Courts

open access: yes, 2021
The presentation delivers some thought on interim results of research on precedents in constitutional courts over the ...
Belov, Sergei
core  

Intellectual Property Restitution

open access: yesThe Modern Law Review, EarlyView.
In Europe, open GLAM movements and cultural restitution reforms are overlooking a crucial aspect that should not be underestimated: what should happen to the archival materials, digital collections and intellectual property that are indelibly linked to cultural property.
Andrea Wallace, Mathilde Pavis
wiley   +1 more source

The Place of Constitutional Courts in the EU

open access: yes, 2013
Going beyond ‘judicial dialogues’ and ‘conflict-and-power’ approaches to the analysis of national constitutional courts' role in the EU – The idea of European constitutional democracy – National constitutional courts constrain individual autonomy ...
Komárek, Jan
core   +2 more sources

Supermajorities in constitutional courts /

open access: yes
"Constitutional adjudication is a subject of fascination for scholars. Judges may annul the will of a democratically elected Parliament in counter-majoritarian fashion. Although conceived as a remedy of majoritarianism, judges also decide cases by voting.
Rivera León, Mauro Arturo,
core   +1 more source

National constitutional courts in the European constitutional democracy: A rejoinder

open access: yes, 2017
A rejoinder to replies by Marco Dani and Elias Deutscher with Sabine Mairmy article ‘National constitutional courts in the European Constitutional Democracy’ (2014) 12 International Journal of Constitutional Law 525 ...
Jan Komárek, Komárek, Jan
core   +1 more source

X v The Lord Advocate: Challenges and Concerns for Vicarious Liability

open access: yesThe Modern Law Review, EarlyView.
In X v The Lord Advocate, the Supreme Court of the United Kingdom held that the Crown cannot be vicariously liable for torts committed by judges. This case note critically examines what could be viewed as two significant doctrinal shifts that were introduced by this ruling.
Haim Abraham
wiley   +1 more source

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